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INSTRUCTIONS  AND  LAWS 


FOR    TB.K 


PURCHASE  OF  LAND 


FROM   THE 


STATE    OF    NEVADA. 


DATED     MARCH     5th,     1873. 


CHARLES      A.       V.      PUTNAM,       STATE      PRINTER. 

1873. 


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INSTRUCTIONS  AND  L 


the  full  payment 

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POB    THK 


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STATE    OF    NEVADA. 


DATED     MARCH    5th,     1873 


Carson   City : 

CHARLES   A.   V.   PUTNAM,   STATE   PKINTEK 

1873. 


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INSTRUCTIONS, 


OFFICE  OF  STATE  LAND  REGISTER, 

CABSON  CITY,  NEVADA,  March  5,  1873. 

No  application  to  purchase  land  from  the  State  of  Nevada  can  be  re- 
ceived until  after  the  land  desired  is  surveyed  by  the  Uuited  States 
authorities. 

The  form  of  application,  with  instructions,  can  be  had  by  applying  at 
this  office. 

There  are  three  modes  of  purchasing,  viz  ; 

1st.     By  making  full  payment  at  the  time  of  application. 

2d.  By  the  surrender  of  Land  Warrants  which  have  already  been 
issued  by  the  State. 

3d.  Agricultural  or  grazing  lands  can  be  bought  by  paying  one-fifth 
of  the  whole  amount  at  the  time  of  application,  and  the  balance  in  nine 
equal  annual  installments,  with  interest  at  the  rate  of  ten  per  centum  per 
annum,  payable  annually  upon  all  deferred  installments. 

Timbered  lands  must  be  purchased  by  the  1st  and  2d  methods. 

All  lands  within  this  State,  which  have  been  surveyed  by  the  United 
States  authorities,  are  subject  to  selection  by  the  State  any  time  after  the 
Township  Plat  of  such  Survey  has  been  filed  in  the  United  States  District 


nd  six  months  after  such 


In  case  the  applicant  has  made  a  settlement  upon,  occupied  or  is  in 
possession  of  land,  a  sworn  statement  of  the  character  and  cost  of  his 
improvements,  date  when  he  first  occupied  or  possessed  the  land  and  how 
long  continued  and  all  other  facts  connected  with  his  settlement  or 
possession,  should  be  sent  to  this  office  to  be  filed  with  the  application  to 
purchase. 

JOHN  DAY, 

Land  Register. 


plan. 


The  following  table  exhibits  the  cost  of  land  upon  the  full  pnyment 


40 

80 

120 

160 

200 

240 

280 

320 

Acres. 

Acres. 

Acres. 

Acres. 

Acres. 

Acres 

Acres. 

Acres. 

At  $1  25  per  acre  (more  than  20  miles  from  C.  P.  B.  B.) 

$52 

$102 

$152 

$202 

$254 

$304 

$354 

$404 

At  $2  50  per  acre  (less  than  20  miles  from  C.  P.  B.  B.) 

$104 

$204 

$304 

$404 

$508 

$608 

$708 

$808 

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A.N"  .ACT 

TO  PROVIDE   FOB    THE    SELECTION    AND    SALE    OF    LANDS 

THAT  HAVE  BEEN,  OR  MAY    HEREAFTER  BE  GRANTED 

BY  THE  UNITED  STATES  TO  THE  STATE  OF  NEVADA. 


The     People    of   the    State    of    Nevada,     represented    in     Senate     and 
Assembly,   do  enact  as  follows.' 

SECTION  1.  For  the  purpose  of  selecting  and  disposing  of  the  lands 
that  have  been,  or  may  hereafter  be  granted  by  th4  United  States,  to  the 
State  of  Nevada,  including  the  sixteenth  and  thirty-sixth  sections,  and 
those  selected  in  lieu  thereof,  in  accordance  with  the  terms  and  condi- 
tions of  the  several  grants  of  land,  by  the  United  States  to  the  State  of 
Nevada,  a  State  Land  Office  is  hereby  created,  of  which  the  Surveyor 
General  shall  be,  and  is  hereby  made  ex-officio  Land  Register.  He  shall 
as  such  Land  Register,  be  required  to  give  bonds,  in  the  sum  of  ten 
thousand  dollars,  for  the  faithful  performance  of  his  duties  ;  which  bonds 
shall  be  approved  by  the  Governor,  and  filed  in  the  office  of  Secretary  of 
State.  The  Land  Register  shall  keep  his  office  at  the  seat  of  Govern- 
ment, and  the  same  shall  be  kept  open,  on  all  legal  days,  between  the 
hours  of  10  o'clock  A.  M.  and  4  o'clock  p.  M.  for  the  transaction  of 
business. 

SEC.  2.  The  Register  shall  procure  one  copy  of  each  township  plat 
of  the  public  surveys  now  approved,  or  that  may  hereafter  be  approved, 
by  the  proper  United  States  authorities,  unless  the  same  shall  have  been 
previously  obtained ;  provided,  that  the  cost  of  the  «ame  shall  not  exceed 
eight  dollars  each,  and  shall  be  made  upon  drawing  paper.  He  shall 
keep  a  record  of  all  applications,  and  of  all  lands  which  have  been,  or 
may  hereafter  be,  approved  to  the  State,  and  of  all  lands  which  have  been 
sold  by  the  State,  which  together  with  all  plats,  papers,  and  documents 
relating  to  the  business  of  his  office,  shall  be  open  to  public  inspection, 
during  office  hours,  without  fee  therefor. 

SEC.  3.  The  Register  shall  furnish,  within  a  reasonable  time,  a  copy 
of  the  plats  of  townships,  within  any  county  to  the  County  Surveyor,  of 
such  county,  to  be  used  by  him  in  furnishing  such  information  as  the 


Register  imy  require  of  liiiu  concerning  the  lands  within sueh townships  ; 

ill  ini.U  sol  1  l»y  tin*  State,  shall  be  reported  by  the   Bagister  to  the 

.  my  surveyor  of  the  county  in  which  such  lands  are  situated,  and  said 

Surveyor  shall  immediately  mirk  the  same  upon  the  township  plat  in  his 

office,  in  accordance  with  the  instructions  of  the  Register,  and  said  County 

Surveyor  shall  keep  su  -h  plats'  subject  to  the  inspection  of  all  persons  in- 

.  i mining  the  same,  on  all   legal   days   during   office   hours. 

Whenever  a  County  Surveyor  shall  have  knowledge  of  any  tract  or  tracts 

nul  within  his  county,  subject  to  selection  by  the  State,  and  which, 
i\  cause  may  appear  to  him  to  be  of  special  value  to  the  State,  he 
shall  report  the  >  nne  to  the  Register  ;  describing  such  location,  with  ref- 
erence to  the  Goverment  surveys,  by  legal  subdivisions,  and  he  shall  state 
J'ully  and  definitely  in  such  report  his  reasons  for  considering  such  tract 
nr  tracts  of  special  value. 

Si.r.  l.  The  minimum  price  of  all  lands  embraced  in  this  Act,  not 
included  within  the  twenty  miles  Central  Pacific  Railroad  limits,  is  here- 
by fixed  at  one  and  one-fourth  dollars  per  acre,  in  currency;  and  the 
minimum  price  of  all  lands,  within  said  twenty  miles  limit,  is  hereby 
fixed  at  two  and  one-half  dollars  per  acre,  in  currency.  But  the  Board 
of  lieyen ts  of  this  State  shall  have  power  to  fix  a  higher  price  per  acre 
upon  any  of  said  lands  not  settled  upon  or  applied  for,  by  individuals 
prior  to  the  date  of  such  higher  price  having  been  fixed. 

SKC.  5.  All  land  to  which  the  State  has  acquired  title,  except  those 
specified  in  section  seven  of  this  Act,  when  in  the  opinion  of  the  Board 
of  Regents  it  shall  be  advisable  for  the  interests  of  the  State,  shall 
lie  advertised  by  the  Register  as  being  subject  to  sale  at  the  mini- 
mum price,  unless  a  higher  price  shall  have  been  fixed  thereupon  by  said 
Board,  and  if  a  higher  price  shall  have  been  fixed,  then  at  such  higher 
price.  And  such  notice  shall  specify  that  such  land  may  be  purchased  at 
the  price  stated,  at  any  time  within  six  months  after  the  date  of  such  no- 
tice ;  and  if  not  purchased  within  such  specified  time,  the  Board  of  Re- 
gents may  reduce  the  price ;  provided,  they  do  not  reduce  it  below 
minimum  price,  and  the  Register  thereupon  shall  read vertise  the  same  at 
such  reduced  price. 

SEC.  6.  All  applications  to  purchase  land  shall  be  made  in  writing, 
to  the  Land  Register,  and  shall  be  signed  by  the  applicant,  his  or  her 
agent,  and  shall  designate,  in  conformity  with  the  United  States  survey, 
the  tracts  of  land  applied  for,  number  of  acres,  price  per  acre,  and  amount 
necessary  to  purchase  such  land,  and  the  section  of  this  Act  under  which 
the  applicant  wishes  to  purchase  ;  also,  residence,  postoffice  address,  and 
county  in  which  such  land  is  located. 

SEC.  7.  Upon  the  application  of  any  person  to  purchase  land,  not 
previously  selected  by  the  State,  the  Land  Register  shall  certify  to  the 
State  Controller  that  such  person  is  entitled  to  apply  for  the  land,  describ- 
ing the  same  as  in  th^  application,  which  shall  accompany  said  certificate, 
and  such  certificate  shall  state  the  amount  necessary  to  purchase  said 
land  ;  the  Controller  shall  thereupon  issue  his  order,  directing  the  State 
Treasurer  to  receive  from  such  applicant  said  amount,  placing  the  same 
into  the  State  School  Fund,  and  upon  such  payment  being  made,  the 
Treasurer  shall  issue  his  receipts  in  duplicate,  describing  the  land  applied 
for,  and  he  shall  at  the  same  time  enter  in  his  abstract  of  applications  the 
name  or  names  of  the  person  or  persons  so  applying,  number,  description 
of  land,  date  of  receipts,  and  amount  paid  by  the  applicant.  Upon  the 
return  of  the  application  with  the  Treasurer's  receipt  to  the  Land  Office, 


the  Register  shall  file  the  same,  which  shall  complete  .juch  application. 
Whenever  purchase  can  be  completed,  in  whole  or  in  part,  upon  land  thus 
applied  for,  the  Land  Register  shall  certify  the  same  to  the  Controller  and 
Treasurer  each,  and  shall  at  oir-e  proceed  to  perfect  the  sale.  Upon  thus 
certifying  to  the  Treasurer,  the  Register  shall  surrender  the  Treasurer's 
receipt  therewith  issued  on  payment  made  by  applicant ;  the  duplicate 
receipt  becoming  null  and  void  on  the  completion  of  such  purchase. 
Should  the  Controller,  upon  the  receipt  of  such  certificate,  find  that  any 
payment  had  been  wrongfully  apportioned,  he  shall  issue  his  order  direct- 
ing the  Treasurer  to  transfer  such  amount  to  its  proper  fund.  If,  from 
the  non  approval  of  the  land  to  the  State  or  other  cause,  the  contemplated 
sale  eannot  be  perfected  in  whole  or  in  part,  then  upon  the  demand  of  the 
applicant,  the  JLand  Register  shall  certify  to  the  Controller  that  such  ap- 
plicant is  entitled  to  the  amount  paid  by  him  or  her,  from  the  non  ap- 
proval or  other  cause,  as  the  case  may  be,  and  the  Controller  shall  draw 
his  warrant  upon  the  State  School  Fund  for  the  amount  due  such  appli- 
cant, and  the  same  shall  be  paid  by  the  Treasurer.  The  Land  Register 
shall,  at  the  same  time,  certify  in  like  manner  to  the  State  Treasurer  of 
the  non  approval  of  such  land,  returning  the  receipt  filed  in  his  office  by 
such  applicant ;  the  duplicate  receipt  becoming  null  and  void.  Upon  the 
application  of  any  person  for  the  purchase  of  land  not  previously  selected 
by  the  State,  when  such  application  is  accompanied  by  the  Treasurer's 
receipt,  the  Land  Register  shall  serve  the  Surveyor  of  the  county  in 
which  such  land  is  situated  with  a  written  notice  of  such  application  to 
purchase,  and  said  Surveyor  shall  post  the  same  conspicuously  in  his 
office  for  the  period  of  sixty  days  from  the  date  thereof. 

SEC.  8.  Upon  the  application  of  any  person  c  r  persons  for  the  pur- 
chase of  land  after  the  State  has  obtained  title  thereto,  should  such  person 
or  persons  be  entitled  to  purchase,  the  Land  Register  shall  certify  the 
same  to  the  Controller  ;  said  certificate  shall  be  accompanied  by  such  ap- 
application,  as  provided  in  sect  on  seven  of  this  Act;  whereupon  the  Con- 
troller shall  issue  his  order  directing  the  Treasurer  to  receive  the  amount 
necessary  to  purchase  such  land,  placing  the  same  in  the  fund  specified 
in  the  order.  Upon  payment  being  made  by  applicant,  the  Treasurer 
shall  issue  his  receipt  for  the  same,  and  on  return  of  said  application, 
with  the  receipt  to  the  State  Land  Office,  the  Register  shall  thereupon 
file  the  same  and  perfect  such  sale. 

SEC.  9.  In  addition  to  the  mode  and  manner  of  sale  of  the  lands 
belonging  to  the  State  the  State  Register  is  hereby  further  empowered  to 
sell  and  dispose  of  any  agricultural  or  grazing  lands  payable  in  install- 
ments as  hereinafter  specified  ;  that  is  to  say,  with  any  party  or  parties 
wishing  to  purchase  lands  under  the  provisions  of  this  section,  and  who 
shall  have  made  proper  application  therefor,  and  duly  established  his  or 
her  or  their  right  to  purchase  under  the  provisions  of  this  Act,  the  State 
Register  is  hereby  authorized  and  required  to  enter  into  contract  to  sell 
such  lands,  at  such  price  as  the  same  may  be  valued  for  the  time  being 
by  the  proper  authority,  payable  as  follows,  to  wit  :  One-fifth  of  the 
amount  to  be  paid  at  the  time  of  contract,  and  the  balance  in  nine  equal 
annual  installments,  with  interest  at  the  rate  of  ten  per  centum  per  an- 
num, payable  annually  upon  ail  deferred  installments ;  provided,  the 
purchaser,  his  or  her  heirs  or  assigns  may,  at  any  time  prior  to  the  ma- 
turity of  such  contract  make  full  payment.  All  such  contracts  shall  be 
entered  into  in  writing  with  the  party  or  parties  so  purchasing,  in  which 
the  conditions  shall  be  distinctly  expressed  that,  upon  failure  to  pay  the 


10 

principal  and  interest  thereon  as  stipulated,  the  said  land  shall  immedi- 
ately and  unconditionally  revert  to  the  State  and  be  thereafter  subject  to 
vile  in  the  same  manner  and  under  the  same  conditions  as  though  no 
Midi  prior  contract  and  sale  had  been  made.  It  shall  be  the  duty  of  the 
Krister  to  certify  each  sale  and  the  terms  thereof  to  the  State  Treasurer, 
an^J  the  Register  shall  at  the  same  time  certify  to -the  Controller  the 
amount  necessary  for  the  first  payment  and  for  each  succeeding  payment 
until  full  payment  shall  have  been  made;  and  the  Controller,  upon  the 
receipt  of  each  such  certificate,  shall  issue  his  order  to  the  Treasurer  as 
in  Motion  seven  of  this  Act  ;  and  upon  payment  being  made  by  the  ap- 
plicant of  the  amount  specified  in  the  order,  the  Treasurer  shall  issue  his 
receipts  in  duplicate,  and  when  full  payment  shall  have  been  made, 
patents  shall  issue  to  the  purchaser,  his  or  her  heirs  or  assigns,  as  pro- 
vided for  in  section  thirteen  of  this  Act;  provided,  that  no  timbered  land 
shall  be  sold,  unless  the  whole  purchase  price  shall  be  paid  at  the  time  of 
application. 

SEC.  10.  The  holder  of  any  unlocated  land  warrant  of  this  State, 
heretofore  issued,  shall  have  the  right  to  use  the  same  in  payment  for 
lands  which  he  or  she  re  ay  desire  to  purchase  from  the  State  ;  and  any 
person  holding  any  of  said  paid  warrants  for  one  hundred  and  sixty  acres 
or  less,  at  the  rate  of  two  and  one-half  dollars  per  acre,  shall  be  allowed  to 
surrender  the  same  to  the  State  Treasurer,  in  full  payment  for  double  the 
number  of  acres  expressed  therein,  of  land  valued  at  one  and  one-fourth 
dollars  per  acre,  and  upon  the  surrender  of  such  land  warrant  to  the  Con- 
troller by  the  Treasurer,  properly  endorsed,  the  Controller  shall  draw  his 
warrant  upon  the  State  School  Fund,  in  favor  of  the  State  Treasurer,  for 
the  amount  of  said  land  warrant. 

SEC.  1 1.  The  State  Treasurer  shall  render  to  the  State  Controller  a 
true  and  correct  statement  of  the  amount  of  Special  Deposits  on  hand 
made  by  applicants  for  the  purchase  of  State  lands,  and  the  Controller 
shall  thereupon  order  the  same  to  be  transferred  from  the  Special  Deposit 
Account  to  the  State  School  Fund.  All  moneys  hereafter  paid  into  the 
Treasury  on  lard  shall  be  paid  in  on  an  order  from  the  Controller,  and  all 
moneys  refunded  to  applicants  shall  be  drawn  out  upon  a  warrant  issued 
by  the  Controller  upon  the  Treasurer,  as  provided  in  section  seven  of  this 
Act.  All  purchases  to  be  completed  or  amounts  to  be  refunded  upon 
Special  Deposit  receipts  issued  by  E.  Rhoades,  defaulting  Treasurer,  and 
still  outstanding,  shall  be  disposed  of  in  the  following  man  ler :  When- 
ever purchase  can  be  completed,  in  part  or  in  whole,  upon  land  thus 
applied  for  the  Land  Register  shall  perfect  such  sale,  surrendering  to  the 
Controller  the  Treasurer's  receipts  issued  by  said  E.  Rhoades,  with  his 
certificate  of  the  completion  of  such  sale,  and  the  Controller  shall  receive 
and  file  the  same  in  his  office  as  vouchers.  The  Register  shall  at  the 
same  time  also  certify  such  sale  to  the  Treasurer;  And  whenever,  for 
ncn  approval  of  the  land  to  the  State,  or  other  cause,  the  contemplated 
sale  cannot  be  completed,  the  Land  Register  shall  surrender  to  the  Con- 
troller said  Special  Deposit  receipts,  with  a  certificate  that  said  applicant 
is  entitled  to  the  amount  paid ;  and  the  Controller  shall  thereupon  file 
such  receipts  and  certificate  in  his  office  as  vouchers,  drawing  his  warrant 
upon  the  proper  fund  for  said  amount,  and  the  Treasurer  shall  pay  the 
same.  The  Land  Register  shall,  at  the  same  time,  certify  the  non  ap- 
proval in  like  manner  to  the  Treasurer. 

SEC.  12.  An  occupant  or  party  in  possession,  shall  have  a  preferred 
right  to  purchase  not  exceeding  three  hundred  and  twenty  acres  of  land 


at  the  minimum  price,  for  the  period  of  six  months  after  the  date  of  ap- 
proval to  the  State  of  the  lands  occupied  or  possessed  by  him  or  her;  and 
when  two  or  more  persons,  claiming  a  preferred  right  by  reason  of  occu 
pancy  or  possession,  apply  to  purchase  the  s:une  lands,  the  Register  shall 
certify  such  applications  to  the  District  Court  of  the  county  in  which  such 
lands  are  situated  and  notify  the  contesting  applicants  thereof.  The  Judge 
or  Court  shall  then  appoint  a  commissioner  in  the  vicinity  of  the  land  so 
in  dispute  to  take  and  report  to  such  Court  all  the  testimony  of  the  parties 
in  the  case.  The  contest  shall  then  be  tried  and  determined  as  ordinary 
actions  in  said  Court,  and  when  so  determined,  shall  be  certified  to  the 
Register,  who  shall  proceed  thereafter  with  the  successful  contestant  in 
the  same  manner  as  if  he  alone  had  applied  in  the  premises  ;  provided, 
that  all  costs  attending  such  contest  shall  be  paid  by  the  parties  liti- 
gant, as  the  Court  or  Judge  may  determine  j  and,  provided  further, 
that  a  preferred  right  shall  be  bassd  upon  occu;  ancy  or  possession  dating 
prior  to  any  application  to  purchase  the  land  having  been  filed  with  the 
Register.  When  two  or  more  persons,  neither  claiming  a  preferred 
right,  apply  to  purchase  the  same  lands,  the  first  applicant  shall  be  al- 
lowed to  purchase. 

SEC.  13.  No  person  shall  be  allowed  to  purchase  more  than  three 
hundred  and  twenty  acres  of  land  from  the  State  under  the  provisions  of 
this  Act. 

SEC.  14.  It  is  hereby  made  the  duty  of  the  Register  to  select  as 
portions  of  the  several  grants  of  land  to  this  State,  all  lands  for  which 
money  has  been  deposited  under  the  provisions  of  section  seven  of  this 
Act.  And  whenever  he  shall  have  knowledge  of  any  tract  or  tracts  of 
land  within  the  State,  which  for  any  cause  may  appear  to  him  to  be  of 
special  value  and  subject  to  location  by  the  State,  he  may  select  the  same, 
and  if  necessary,  by  and  with  the  advice  and  consent  of  the  Board  of 
Regents,  instruct  the  County  Surveyor  of  the  county  wherein  such  land 
in  situated,  to  survey  Buch  lines  and  make  such  examination  as  may  serve 
to  indicate  the  proper  location  and  true  character  and  quality  of  such 
lands,  and  said  County  Surveyor  shall,  without  delay,  proceed  to  make 
such  survey  or  examination  and  shall  report  the  same  to  the  Register  in 
accordance  with  such  instructions  as  he  may  have  received ;  and  for  such 
services  he  shall  receive  such  sum  as  the  Buard  of  Regents  may  allow, 
and  for  the  faithful  performance  of  such  service  said  County  Surveyor 
shall  be  liable  upon  his  official  bond. 

SEC.  15.  The  title  of  the  State  to  any  lands  sold  under  the  provis- 
ions of  this  act  shall  be  conveyed  to  the  purchaser,  or  his  or  her  heirs  or 
assigns,  by  patents  free  of  charge,  in  such  form  as  the  Attorney  General 
and  Register  shall  jointly  prescribe,  to  be  prepared  by  the  Register, 
signed  by  the  Governor,  and  shall  have  the  Great  Seal  of  the  State  affixed 
by  the  Secretary  of  the  State,  and  shall  be  countersigned  by  the  Register, 
and  the  Secretary  of  State  and  State  Register  shall  keep  a  record  of  the 
patents  issued. 

SEC.  16.  The  State  Register  shall  be  entitled,  as  such  Register,  to 
a  salary  of  two  thousand  six  hundred  dollars  per  annum,  to  be  paid 
quarterly ;  and  he  is  hereby  authorized  to  appoint  a  deputy,  who  shall  be 
entitled  to  a  salary  of  three  thousand  dollars  per  annum,  to  be  paid 
monthly.  The  Controller  of  State  shall,  at  the  end  of  each  month,  draw 
his  warrant  upon  the  State  Treasurer  in  favor  of  said  deputy  for  the 
amount  of  his  compensation  then  due,  and  the  State  Treasurer  shall  pay 
the  same  out  of  any  money  derived  from  the  sale  of  lands. 


12 

17  All  funds  derived  from  the  sale  of  lands  under  this  Act, 
si  all  he  invested  in  interest  hearing1  bonds  of  the  State,  or  of  the  United 
States,  as  required  by  section  three  of  the  eleventh  article  of  the  Consti- 
tution of  this  State.  The  proceeds  of  the  sale  of  lands  donated  to  this 
>t:itc  l>y  Act  of  Congress  of  July  2nd,  1S62,  shall  be  invested  by  the 
Board  of  Regents;  and  the  proceeds  of  all  other  lands  herein  referred  to, 
whenever  the  sum  of  five  hundred  dollars  shall  have  been  paid  into  the 
state  School  Fund,  shall  be  invested  as  directed  by  law. 

SEC.  18.  All  claims  and  accounts  for  services  or  for  expenses  au- 
thorized by,  and  necessarily  incurred  in  carrying  out  any  of  the  provisions 
of  this  Act,  except  the  salaries  of  the  Register  and  his  deputy,  shall  be 
presented  to  and  audited  as  other  claims  by  the  State  Board  of  Examin- 
ers ;  and  when  any  claim  shall  be  passed  and  allowed  by  said  Board,  they 
shall  apportion  the  same  so  payable  or  chargeable,  to  the  several  funds 
derived  from  the  sale  of  lands  as  they  shall  deem  proper,  and  so  much  of 
the  funds  received  froin  the  sale  of  lands  in  the  several  grants  as  may  be 
necessary  for  the  payment  of  such  audited  claims,  shall  be,  and  the  same 
is  hereby  appropriated  out  of  the  several  funds  respectively  for  the  pay- 
ment of  such  claims,  and  the  Controller  shall  draw  his  warrant  accord- 
ingly. The  Board  of  Examiners  are  hereby  authorized  and  directed  to 
allow  and  direct  to  be  paid  such  sums  to  the  Receivers  of  the  United 
States  Land  Offices  for  any  official  services  performed  by  them  in  relation 
to  the  designation  of  the  selected  lands  upon  the  books  of  their  respective 
offices,  as  they  may  be  justly  entitled  to  receive  under  the  laws  of  the 
United  States,  or  the  instructions  of  the  proper  department  at  Washington 
City. 

SEC.  19.  An  Act  entitled  "  An  Act  to  provide  for  the  selection  and 
sale  of  lands  granted  by  the  United  States  to  the  State  of  Nevada,' '  ap- 
proved April,  2,  1867,  and  also,  an  Act  entitled  "  An  Act  to  provide 
for  the  selection  and  sale  of  lands  granted  by  the  United  States  to  the 
State  of  Nevada,"  approved  March  4,  1871,  and  all  other  Acts  and  parts 
of  Acts,  so  far  only  as  in  conflict  with  the  provisions  of  this  Act,  are 
hereby  repealed  ;  provided,  that  such  repeal  shall  not  divest  any  parties 
of  any  rights  heretofore  acquired  under  any  of  said  Acts  referred  to. 
Approved  March  5,  1873. 


The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly,  do 
enact   as  folloivs: 

SECTION  1.  It  shall  be  unlawful  for  any  person  or  corporation  to  cut 
down  or  remove,  or  cause  to  be  cut  down  or  removed,  any  wood,  timber, 
or  trees,  on  or  from  any  land  in  this  State,  to  which  land  this  State,  or 
any  person  or  corporation  has  or  may  have  an  inchoate  title,  or  any  title 
less  than  fee  simple,  and  the  provisions  of  this  Section  shall  apply  to  the 
owner  of  such  inchoate  title,  or  title  less  than  fee  simple,  the  same  as  to 
other  persons  and  corporations. 

SEC.  '2.  If  any  owner  of  an  inchoate  title  to  land  in  this  State,  or  title 
to  such  land  less  than  fee  simple,  or  any  other  person  or  corporation, 
shall  violate  the  provisions  of  the  first  Section  of  this  Act,  such  person  or 
corporation  shall  be  deemed  guiliy  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  fined  in  any  sum  not  exceeding  five  hundred  dollars. 

SEC.  3.  If  any  person  shall  cut  down  or  remove  any  tiee,  wood,  or 
timber  from  any  land  in  this  State,  to  which  this  State  has  a  fee  simple 
title,  or  an  inchoate  title  by  reason  of  grant  from  the  United  States,  such 
person  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  punished  by  a  fine  as  provided  in  Section  Two  of  this  Act. 

SEC.  4.  If  an  issue  of  fact  be  joined,  as  to  the  title  to  real  estate,  in 
any  action  under  the  provisions  of  this  Act,  such  Action  shall  theieupon 
be  certified  by  the  Justice  of  the  Peace  in  whoFe  Court  it  may  be  pending, 
to  the  District  Court  of  the  same  county,  and  therein  tried  and  finally 
determined,  as  if  the  same  had  been  originally  commenced  therein; 
provided,  that  nothing  in  this  Act  shall  be  so  construed  as  to  affect,  or 
impair,  the  provisions  of  an  Act  entitled  "An  Act  prescribing  the  mode 
of  maintaining  and  defending  Possessory  Actions  on  Public  Lands  in  this 
State,"  approved  March  ninth,  one  thousand  eight  hundred  and  sixty* 


14 

five  ;  ant/,  ;>/-"r/(/M//V//v7^r,  that  nothing  in  this  Act  contained  shall  be  so 
ron.strued  as  to  prevent  the  rutting1  and  using,  by  actual  settlers,  upon 
such  la:  d-  M  are  herein  specified,  of  such  wood  as  may  be  necessary  for 
domestic  uses,  or  of  such  timber  as  may  be  necessary  for  making  perma- 
nent improvements  upon  such  lands. 
Approved  March  15,  1871. 


PRESCRIBING  THE  MODE    OF   MAINTAINING    AND    DEFEND- 
ING POSSESSORY  ACTION   ON  PUBLIC  LANDS  IN  THIS 

STATE. 

„=_     .  .      *-*.     • 


The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly \  do 
enact  as  follows: 

SECTION  1.  Any  person  now  legally  occupying  and  settled  upon,  or 
who  may  hereafter  occupy  or  settle  upon,  any  of  the  public  lands  in  this 
State,  for  the  purpose  of  cultivating  or  grazing  the  same,  may  commence 
and  maintain  any  action  for  interference  with,  or  injuries  done  to,  his  or 
her  possession  of  said  land,  against  any  person  or  persons  so  interfering 
with,  or  injuring,  such  land  or  possession;  provided,  that  if  the  lands  so 
occupied  and  possessed  contain  mines  of  any  of  the  precious  metals,  the 
possession  or  claim  of  the  person  or  persons  occupying  the  same,  for  the 
purposes  aforesaid,  shall  not  preclude  the  working  of  such  mines  by  any 
person  or  persons  desiring  so  to  do,  as  fully  and  unreservedly  as  they 
might  or  could  do  had  no  possession  or  claim  been  made  for  grazing  or 
agricultural  purposes. 

SEC.  2.  Every  such  claim,  to  entitle  the  holder  to  maintain  any  action 
as  aforesaid,  shall  not  contain  more  than  one  hundred  and  sixty  acres, 
and  the  same  shall  be  surveyed  and  marked  by  metes  and  bounds,  so  that 
the  boundaries  may  be  readily  traced  and  the  extent  of  such  claim  easily 
known ;  and  no  person  shall  be  entitled  to  maintain  any  such  action  for 
the  possession  of,  or  injury  to,  any  claim,  unless  he  or  she  occupy  the 
same,  and  shall  have  complied  with  the  provisions  of  the  third  and  fourth 
sections  of  this  Act. 

SEC.  3.  Any  persons  claiming  any  of  the  public  lands  in  this  State 
shall  have  the  same  surveyed  by  the  County  Surveyor  of  the  county  in 
which  said  lands  are  situated,  and  shall  have  the  plot  of  such  survey 
duly  certified  to  by  said  Surveyor,  recorded  in  the  office  of  the  County 
Recorder,  and  shall  take  and  subscribe  his  or  her  affidavit  that  he  or  she 
has  taken  no  other  claim  under  this  Act,  and  that,  to  the  best  of  his  or 


16 

her  knowledge  and  belief,  the  said  lands  are  not  claimed  under  any 
existing  title. 

SEC.  4.  Within  ninety  days  after  the  date  of  said  record,  the  party 
recording  is  hereby  required  to  improve  the  lands  thus  recorded  to  the 
value  of  two  hundred  dollars,  by  putting  such  improvements  thereon  as 
shall  partake  of  the  realty,  unless  such  improvements  shall  have  been 
made  prior  to  the  application  for  survey  and  record,  according  to  section 
third  of  this  Act. 

SEC.  5.  At  any  time  after  the  provisions  of  the  second,  third,  and 
fourth  .sections  of  this  Act  shall  have  been  complied  with,  the  party  so 
complying  .shall  be  permitted  to  absent  himself  or  herself  from  such 
claim,  without  being  required  to  occupy  the  same,  for  a  period  of  not 
more  than  twelve  months;  provided,  the  person  so  wishing  to  absent 
himself  or  herself  shall  first  pay  to  the  Treasurer  of  the  county  in  which 
said  claim  shall  be  situated  the  sum  of  fifteen  dollars,  in  gold  or  silver 
coin,  upon  which  payment  the  Treasurer  shall  issue  a  receipt  for  the 
same.  At  any  time  within  twelve  months  after  the  date  thereof,  such 
receipt  shall  be  received  as  prima  facie  evidence  of  possession  in  any 
court  having  jurisdiction  in  such  cases.  Any  person  absenting  himself  or 
herself  from  said  claim  for  a  longer  period  than  sixty  days,  without  first 
paying  the  sum  provided  in  this  section,  shall  forever  forfeit  his  or  her 
claim  to  the  lands.  One-half  of  the  amount  paid  to  any  County  Treasurer, 
under  the  provisions  of  this  section,  shall  be  paid  by  said  Treasurer  into 
the  general  fund  of  such  county,  and  the  balance  into  the  State  Treasury, 
whenever  making  his  regular  settlements  with  the  State  Treasurer.  The 
State  Treasurer  shall  set  apart  and  retain  all  moneys  received  from  such 
source  as  a  special  fund,  which  may  hereafter  be  appropriated  by  law 
for  the  maintenance  and  protection  of  the  insane. 

SEC.  6.  On  the  trial  of  any  such  causes,  the  possession  or  possessory 
right  of  the  plaintiff,  shall  be  considered  as  extending  to  the  boundaries 
embraced  in  such  survey,  so  as  to  enable  him  or  her,  according  to  section 
third  of  this  Act,  to  have  and  maintain  any  action  as  aforesaid,  without 
being  compelled  to  prove  an  actual  inclosure. 

SEC.  7.  All  lands  in  this  State  shall  be  deemed  and  regarded  as  public 
lands,  until  the  legal  title  is  known  to  have  passed  from  the  Government 
to  private  individuals  or  parties. 

SEC.  8.  Sections  ten  and  thirteen  of  an  Act  passed  by  the  Legislative 
Assembly  of  the  Territory  of  Nevada,  entitled  "An  Act  to  regulate  sur- 
veys and  surveying,"  approved  November  twenty-ninth,  one  thousand 
eight  hundred  and  sixty-one,  and  all  other  Acts  or  parts  of  Acts,  so  far 
as  the  same  are  inconsistent  with,  or  repugnant  to,  the  provisions  of  this 
Act,  are  hereby  repealed. 

Approved  March  9,  1865. 


TO    ALLOW    ANY    PERSON    OB    PERSONS    TO    DIVERT    THE 

WATERS  OF  ANY  RIVER  OR  STREAM,  AND  RUN  THE 

SAME  THROUGH  ANY  DITCH  OR  FLUME,  AND  TO 

PROVIDE  FOR  THE  RIGHT  OF  WAY  THROUGH 

THE  LANDS  OF  OTHERS. 


The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

SECTION  1.  Any  person  or  persons  desiring  to  construct  and  maintain 
a  ditch  or  flume,  within  any  one  or  more  of  the  counties  of  thi:  State, 
shall  make,  sign  and  acknowledge,  before  some  officer  entitled  to  take 
acknowledgments  of  deeds,  a  certificate,  specifying :  First — The  name 
by  which  the  ditch  or  flume  shall  be  known  ;  and,  Second — The  names  of 
the  places  which  shall  constitute  the  termini  of  said  ditch  or  flume.  Such 
certificate  shall  be  accompanied  with  a  plat  of  the  proposed  ditch  or 
flume,  and  shall  be  recorded  in  the  offic  of  the  County  Recorder  of  the 
county  or  counties  within  or  through  which  such  ditch  or  flume  is  pro- 
posed to  be  located  ;  and  the  record  of  such  certificate  and  plat  shall  give 
constructive  notice  to  all  persons  of  the  matters  therein  contained.  The 
work  of  constructing  such  ditch  or  flume  shall  be  commenced  within 
thirty  days  of  the  time  of  making  the  certificate  above  mentioned,  and 
shall  be  continued  with  all  reasonable  dispatch  until  completed. 

SEC.  2.  Any  person  or  persons  proposing  to  construct  a  ditch  or  flume, 
under  the  provisions  of  this  Act,  shall  have  the  right  to  enter  upon  pri- 
vate lands  for  the  purpose  of  examining  and  surveying  the  same ;  and 
where  such  lands  cannot  be  obtained  by  the  consent  of  the  owner  or 
owners  thereof,  so  much  of  the  same  as  may  be  necessary  for  the  con- 
struction of  said  ditch  or  flume,  may  be  appropriated  by  said  person  or 
persons,  after  making  compensation  therefor,  as  follows  :  Said  person  or 
persons  shall  select  one  appraiser,  and  said  owner  or  owners  shall  select 
one,  and  the  two  so  selected  shall  select  a  third,  and  the  three  shall  ap- 
praise the  land  sought  to  be  appropriated,  after  having  been  first  sworn, 
before  some  officer  entitled  to  administer  oaths,  to  make  a  true  appraise- 
ment thereof,  according  to  the  best  of  their  knowledge  and  ability.  If 


18 

such  person  or  persons  shall  tender  to  such  owner  or  owners  the  appraised 
value  of  such  lands,  they  shall  be  entitled  to  proceed  in  the  construction 
of  the  ditch  or  flume  over  the  lands  so  appraised,  notwithstanding  such 
louder  may  he  refused  ;  provided,  that  such  tender  shall  always  be  kept 
good  by  such  person  or  persons;  and,  provided  further,  that  an  appeal 
may  1  c  taken  by  cither  party  from  the  finding  of  the  appraisers  to  the 
District  Court  of  the  district  within  which  the  lands  so  appraised  shall  be 
>ituated,  at  any  time  within  ten  days  after  such  appraisement. 

SEC.  3.  Nothing  in  this  Act  contained  shall  be  so  construed  as  to  in- 
terfere with  any  prior  or  existing  claim  or  right 

SKC.  4.  This  Act  shall  apply,  and  the  rights  and  privileges  herein  con- 
ferred shall  inure,  to  the  benefit  of  all  persons  or  corporations  who  have 
heretofore  constructed,  and  now  maintain,  ditches,  flumes  or  acqueducts 
in  this  State,  from  whatever  source  they  may  have  procured  water,  such 
persons  or  corporations  being  required  to  make  and  file  the  certificate 
mentioned  in  section  one  of  this  Act,  and  upon  such  filing,  the  party  or 
parties  tiling  the  same  shall  be  authorized,  from  time  to  time,  to  extend 
his  or  their  ditch  or  flume,  and  proceed  to  condemn  private  property  for 
such  ditch  or  flume,  or  for  any  reservoir  or  reservoirs  connected,  or  to  be 
used  in  connection,  with  such  ditch  or  flume,  as  provided  in  section 
second  of  this  Act. 

Approved  March  3,  1 866. 


A_OT 

TO  AMEND  AN  ACT  ENTITLED    "AN    ACT    TO    ALLOW    ANY 

PERSON  OB  PERSONS  TO  DIVERT  THE  WATERS  OF  ANY 

RIVER  OR  STREAM,  AND  RUN  THE  SAME   THROUGH 

ANY  DITCH  OR  FLUME,    AND    TO    PROVIDE    FOR 

THE  RIGHT  OF  WAY    THROUGH    THE    LANDS 

OF  OTHERS,"  Approved  March  3,  1866. 


The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

SECTION  1.  Section  Two  of  said  Act  is  amended  so  as  to  read  as 
follows : 

SECTION  2.  Any  person  or  persons  proposing  to  construct  a  ditch  or 
flume,  under  the  provisions  of  this  Act,  shall  have  the  right  to  enter  upon 
private  lands  for  the  purpose  of  examining  and  surveying  the  same;  and 
where  such  lands  cannot  be  obtained  by  the  consent  of  the  owner  or 
owners  thereof,  so  much  of  the  same  as  may  be  necessary  for  the  con- 
struction of  said  ditch  or  flume,  may  be  appropriated  by  said  person  or 
persons,  after  making  compensation  therefor  as  follows  :  Said  person  or 
persons  shall  select  one  appraiser,  and  said  owner  or  owners  shall  select 
one,  and  the  two  so  selected  shall  select  a  third.  In  case  the  owner  or 
owners  shall  from  any  cause  fail,  for  the  period  of  five  days,  to  select  an 
appraiser  as  hereinbefore  provided,  then  it  shall  be  the  duty  of  the  ap- 
praiser selected  by  the  person  or  persons  proposing  to  construct  said  ditch 
or  flume  to  select  a  second  appraiser,  and  the  two  so  selected  shall  select 
a  third,  and  in  either  case  the  three  selected  shall  within  five  days  after 
their  selection,  meet  and  appraise  the  lands  sought  to  be  appropriated, 
after  having  been  first  duly  sworn  by  some  officer  entitled  to  administer 
oaths,  to  make  a  true  appraisement  thereof,  according  to  the  best  of  their 
knowledge  and  ability.  If  such  person  or  persons  shall  tender  to  such 
owner  or  owners  the  appraised  value  of  such  land,  they  shall  be  entitled 
to  proceed  in  the  construction  of  the  ditch  or  flume  over  the  land  so  ap- 
praised, notwithstanding  such  tender  may  be  refused  ;  provided,  that  such 


20 

tender  shall  always  be  kept  good  by  such  person  or  persons  ;  and,  pro- 
vided further,  that  an  appeal  may  be  taken  by  either  party  from  the  find- 
ings of  the  appraisers  to  the  District  Court  of  the  district  within  which 
the  lands  so  appraised  shall  be  .situated,  at  any  time  within  ten  days  after 
such  appraisement. 

Approved  March  5,  1869. 


A.N  A.CT 

TO  PBOVIDE   FOR    THE    LOCATION    OF    LANDS    CONTAINING 

SALT. 


The     People    of   the    State     of    Nevada,     represented    in     Senate     and 
Assembly,    do   enact  as  follows: 

SECTION  1.  Any  person  may  locate,  claim  and  hold,  not  exceeding 
one  hundred  and  sixty  acres  of  the  public  lands  within  this  State  contain- 
ing salt  or  saline  matter. 

SEC.  2.  It  shall  be  the  duty  of  any  person,  or  persons,  locating  salt 
lands,  to  have  the  same  surveyed  by  the  County  Surveyor  of  the  county 
in  which  said  lands  are  located  within  thirty  days  from  the  date  of  loca- 
tion ;  and  the  Surveyor  shall,  within  thirty  days  fro:a  the  completion  of 
said  survey,  make  and  deliver  to  the  party  employing  him  to  make  the 
survey  a  correct  description  and  plat  of  the  lands  thus  surveyed,  and  the 
same  shall  be  recorded  in  the  office  of  the  County  Recorder  of  said 
county  within  thirty  days  from  the  delivery  thereof  by  the  Surveyor. 

SEC.  3.  All  locations  made  prior  to  the  passage  of  this  Act  upon  saline 
lands  are  hereby  ratified  and  confirmed  to  the  locators  theroof,  their  heirs 
and  assigns;  provided,  the  parties  now  holding  and  occupying  said  lands 
shall,  within  sixty  days  from  the  passage  of  this  Act,  have  the  same  sur- 
veyed and  recorded  as  provided  in  section  two  of  this  Act. 

SEC.  4.  All  persons  and  claiming  holding  saline  lands  under  the  pro- 
visions of  this  Act  shall  keep  and  hold  actual  possession  of  said  lands  by 
occupying  the  same,  and  whenever  said  lands  are  abandoned  for  a  period 
longer  than  sixty  days,  the  same  shall  be  subject  to  re-location. 

SEC.  5.  This  Act  shall  take  effect,  and  be  in  force,  from  and  after  its 
passage. 

Approved  February  24,  1865. 


-A.CT 

PROVIDING  FOB  THE  LOCATION  AND   TAXATION  OF  BORAX 
AND  SODA    MINES,  AND  CLAIMS. 


The  People  of  the   State  of  Nevada,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

SECTION.  1.  The  ownership  of,  or  claim  to,  or  possession  of,  or  right 
of  possession  to  any  land  in  this  State,  containing,  and  held  for  the  pur- 
pose of  obtaining  borax  or  soda,  shall  be  assessed  annually  for  taxation  for 
State  and  county  purposes,  at  not  exceeding  five  dollars  per  acre.  The 
annual  payment  of  said  taxes,  and  the  compliance  with  the  provisions  of 
an  Act  entitled  "  An  Act  to  provide  for  the  location  of  lands  containing 
salt,"  approved  February  24,  1865,  shall  be  held  as  a  recognition  on  the 
part  of  the  State  of  the  validity  of  said  ownership  of,  or  claim  to,  or  pos- 
session of,  or  right  of  possession  to  said  lands  ;  provided,  that  where 
borax  and  soda  mines,  and  claims,  are  being  worked  for  Borate  of  Soda, 
Borate  of  Lime,  Boracic  Acid,  or  Carbonate  of  Soda,  then  the  net  proceeds 
thereof  shall  be  taxed.  In  the  event  that  the  tax  on  such  net  proceeds 
shall  equal  or  exceed  in  amount  what  would  be  derived  from  said  mines, 
or  claims,  taxing  them  at  five  dollars  per  acre  as  aforesaid,  and  when  the 
net  proceeds  are  taxed  the  ownership  of,  claim  to,  possession  of,  or  right 
of  possession  to,  the  said  lands  shall  not  be  taxed. 

SEC.  2.  Sections  Two,  Three,  Four,  Five,  Six,  Seven,  Eight,  Nine  and 
Ten  of  an  Act  entitled  "  An  Act  providing  for  the  taxation  of  the  net 
proceeds  of  mines,"  approved  February  28,  1871,  shall  be  and  are  hereby 
made  applicable  as  to  time  and  manner  of  assessing  and  collecting  the 
revenue  derived  from  the  net  proceeds  of  Borax  and  Soda  mines  and 
claims. 

SEC.  3.  The  officers  whose  duty  it  is  to  enforce  the  provisions  of  an 
Act  providing  for  the  taxation  of  the  net  proceeds  of  mines,  (referred  to 
in  section  two  of  this  Act,)  shall  enforce  the  provisions  of  this  Act,  so  far 
as  it  relates  to  the  taxation  of  the  net  proceeds  of  Borax  and  Soda  mines 
and  claims,  and  shall  receive  the  same  compensation  as  provided  in  said 
Act. 

SEC.  4.  The  State  Controller  is  hereby  authorized  and  directed  to  pre- 
paie  and  furnish  the  necessary  blanks  snd  instructions  to  carry  this  Act 
into  effect. 

Approved  March  7,  1873. 


. 


